Part 5Equipment interference
Further provision about warrants
I1I2115Requirements that must be met by warrants
1
A warrant under this Part must contain a provision stating whether it is a targeted equipment interference warrant or a targeted examination warrant.
2
A warrant under this Part must be addressed—
a
in the case of a warrant issued under section 102 or 103, to the head of the intelligence service by whom or on whose behalf the application for the warrant was made;
b
in the case of a warrant issued under section 104, to the Chief of Defence Intelligence;
c
in the case of a warrant issued under section 106 by a law enforcement chief (or by an appropriate delegate in relation to a law enforcement chief), to a person who—
i
is an appropriate law enforcement officer in relation to the law enforcement chief, and
ii
is named or described in the warrant.
3
In the case of a targeted equipment interference warrant which relates to a matter described in the first column of the Table below, the warrant must include the details specified in the second column.
Matter | Details to be included in the warrant |
|---|---|
Equipment belonging to, used by or in the possession of a particular person or organisation | The name of the person or organisation or a description of the person or organisation |
Equipment belonging to, used by or in the possession of persons who form a group which shares a common purpose or who carry on, or may carry on, a particular activity | A description of the purpose or activity and the name of, or a description of, as many of the persons as it is reasonably practicable to name or describe |
Equipment used by or in the possession of more than one person or organisation, where the interference is for the purpose of a single investigation or operation | A description of the nature of the investigation or operation and the name of, or a description of, as many of the persons or organisations as it is reasonably practicable to name or describe |
Equipment in a particular location | A description of the location |
Equipment in more than one location, where the interference is for the purpose of a single investigation or operation | A description of the nature of the investigation or operation and a description of as many of the locations as it is reasonably practicable to describe |
Equipment which is being, or may be, used for the purposes of a particular activity or activities of a particular description | A description of the particular activity or activities |
Equipment which is being, or may be, used to test, maintain or develop capabilities relating to interference with equipment | A description of the nature of the testing, maintenance or development of capabilities |
Equipment which is being, or may be, used for the training of persons who carry out, or are likely to carry out, interference with equipment | A description of the nature of the training |
4
A targeted equipment interference warrant must also describe—
a
the type of equipment which is to be interfered with, and
b
the conduct which the person to whom the warrant is addressed is authorised to take.
5
In the case of a targeted examination warrant which relates to a matter described in the first column of the Table below, the warrant must include the details specified in the second column.
Matter | Details to be included in the warrant |
|---|---|
A particular person or organisation | The name of the person or organisation or a description of the person or organisation |
A group of persons who share a common purpose or who carry on or may carry on a particular activity | A description of the purpose or activity and the name of, or a description of, as many of the persons as it is reasonably practicable to name or describe |
More than one person or organisation, where the interference is for the purpose of a single investigation or operation | A description of the nature of the investigation or operation and the name of, or a description of, as many of the persons or organisations as it is reasonably practicable to name or describe |
The testing, maintenance or development of capabilities relating to the selection of protected material for examination | A description of the nature of the testing, maintenance or development of capabilities |
The training of persons who carry out, or are likely to carry out, the selection of protected material for examination | A description of the nature of the training |